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Fearing for safety of Justices, conservatives call for investigation of SCOTUS leak

May 3, 2022 11:48am

Updated: May 3, 2022 12:47pm

In the aftermath of the leaked U.S. Supreme Court draft abortion rights decision, prominent Republicans have called for an immediate investigation of what they’ve qualified as an unprecedented breach of the Court’s protocols – a move which could ultimately endanger the lives of the conservative Justices.

Politico first obtained a draft of conservative Justice Samuel Alito’s majority decision in Dobbs v. Jackson Women’s Health Organization, a controversial Mississippi case which could effectively overturn Roe v. Wade and almost 50 years of legal precedent guaranteeing a woman’s right to an abortion.

According to the document, Justices Clarence Thomas, Amy Coney Barrett, Neil Gorsuch, Brett Kavanaugh and possibly Chief Justice John Roberts support Justice Alito’s decision.

“If this story is true, the Court should issue its opinion right away,” said Andrew McCarthy, a former federal prosecutor and Fox News contributor.

“Otherwise the disgraceful leak wins. I would say that if my side lost. If we lose the integrity of the Court’s process, we lose the Court. That should be intolerable to all of us who live the country,” he added.

Fearing for the safety of the conservative Justices who appear to have backed Alito’s decision, authorities in Washington, D.C. erected barriers around the Supreme Court building soon after news of the leak broke.

“Conservative justices will have their lives and the lives of their families threatened,” tweeted podcaster Allie Beth Stuckey. “The person who leaked this knows that.”

Although details surrounding the leak remain unclear, pundits have speculated that a progressive clerk could be behind the leak, the Daily Wire reported.

“This leak has to come from a clerk or Justice themselves,” a clerk told podcaster Benny Johnson. “It is intended to blow up the court. Criminal investigation needs to happen now.” 

Andrew Kloster, a former Trump administration lawyer, said the leak may have come from the Court’s email system.

“I’ve been informed it’s *weird* that Politico natsec reporter Alex Ward broke the SCOTUS story and my new working theory is that it wasn’t a Sotomayor clerk but that the SCOTUS email system is compromised,” he tweeted.

Ultimately, however, Conservatives have warned that the leak serves to undermine the high Court’s authority.

“Roe should be overruled,” tweeted First Amendment attorney Casey Mattox. “But the biggest news here would be an egregious ethical violation by someone inside the Court if there is any validity to this. And perhaps by Politico.”